New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-07
BITIRUS A WKWARD DILEMMA.
Is HE GREATER THAN HENRY CLAYf

GOING CONTRARY TO A DOCTRINE LAID DOWN BY
Ills KENTUCKIAN PREDECESSOR
PROM THE REGULAR CORRESPONDENCE OF THE TRIBUNE
WASHINGTON April 5-secretary Bayard's diple-
matte gymnastics have led him into another blind alley
where he will othor retraoe his steps or present
bold front and declare himself superior to Henry Gay
In either event he will have made himself supremacy
ridiculous II Is necessary only to present brief outline
OF the prodicamont which he has fallen to prove my
assertion Section Ii Of the Dngley shipping actoi
1884 reduced the tonnage tax on vessels coming from
Canada the West indies Mexico and other Central Amer
lean States to three cents ton or not more than hteeh
cents year, while ships coming from other countries
were required to pay six cents a ton, or not
than 80 cents year. As as the law went into
effect the representatives OF those Governments WIN
whom the United States have treaties containing the
most favored nation clause claimed for the vessels OF
their respective countries the reduction granted 10
the vessels Of the countries enumerated in the Dngley
Shipping Act To their demands Mr. Bayard replied by
saying that privileges granted to Mexico Canada,
Central America and West Indies simply amounted to an
extension OF the geographical zone'-were In fact
nothing than Toll Vtrei and that foreign vessels
could hardly expect to be permitted TO enter American
ports a lesser rate than vessels, which would
he the he to demands The aosurdy
Of Mr. Bayards position becomes at once apparent when
you take into consideration that extension OF his &C.
ographcal zone might ultimately be made to include the
whole world, with the exception OF single country
which, though 1t might have most favored nation
treaty with the United States would derive absolutely no
benefit whatever under its provisions. As matter OF
fact Mr. Bayard proposed nothing less than
violation of treaty stipuatons by the nuicaton OF the
most favored nation clause TO strengthen his position
he submitted the whole matter to the Attorney General
for his opinion. Mr. Garland decided that Mr..
Bayard right, at tho same time Civ
ing expression to tho startling doctrine
that the acts OF Congress were binding upon
inta
rights This novel view in regard to solemn treaty OBJ
legations made necessary In order to meet the decar
alton by the foreign Governments that they coni not
take official notice Of what the legislative branch OF the
GoveInme might be doing long as the treaties re-
Here the matter rested until about week ago when an
entirely turn given ~ these negotiations by the
discovery of certain letters and documents IN the ar
chieves OF the swedish Government at Stockholm ex
state. and Baron sarkenberg. the Swedish Minister for
Foreign Affairs From these papersit appeared mat o@e
den attempted to do the thing that Mr. Bayard
doing and that Henry Clay. who based his demands
upon exactly the grounds that Sweden bases hers
now. compelled Baron sarkenberg To recede from his
position and grant the reduction OF tonnage dues under
the provisions OF the Treaty OF 1s27 which Is sun III
An almost udicrous feature Of this whole bis-
Is that Mr. Bayard was wholly unaware OF the ex-
isience OF this correspondence. The digest OF MS
friend. DR.. Wharton the solicitor Of the state Depart
mcni who paid something like 10000 for his book
contained Mr.. Bayards own decision and made mention
lutey 10 make men ion OF this very substantial diplo
matte victory won by Henry Clay ~ IL now re-
ironted by such documentary evidence, Will act,
The state Department refuses TO make the contents OF
the important letter written by Henry Clay, known,
though is almost sixty years old. bearing date OF
April %, 1928. Mr. Bayard, when asked about IT, re-
piled:
ut would be proper, tho subject matter Is pend
ing"
lie might have added with little more frankness that
he was unwilling expose himself 10 the rdicule of the
Diplomatic world for which one Will blame him. AS
for the proprcty OF making letter sixty years OLD pun
lc ridiculous In view OF the fact that practically
tho entire correspondence IN thls TONNAGE TAX ',
pue has boon printed as public docu-
mrnt, with the exception. perhaps OF
few very recent letters Second Assistant Secretary
Adee however who had been applied u preyously put
his rcusnl upon altogether different ground said he:
None OF the records In this Department Is pubic prop
erty matter what It's age"-from which u might De
inferred that the the State Department are the
property OF the second Assistant secretary or state aud
he added: BESIDES II this letter were given out now
might falsely Interpreted In fact, misunderstood No.
am OF the rule OF tho British Recoru once,
where document ia considered puDIc property until ~
Is hundred years old" ,,,.-
Fortunately for the public neither Mr. Adees inter,
prrtatlous" nor his views the ACCESSIBILITY OF sun
further adopting foreign methods In the conduct oil me
Department regarded AS CONCLUSIVE rcasohs why
either OF them should be adopted